Page 94 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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Section 97. A written contract or agreement as concluded may not be amended
except that in the following cases the competent person may, in his discretion, consider and
approve amendment thereto:

(1) it is the amendment under section 93 paragraph five;
(2) it is the case where it is necessary to amend the contract or the agreement, if

such amendment does not prejudice the State agency;
(3) it is the amendment for the benefit of the State agency or public interests;
(4) it is any other case as prescribed in the Ministerial Regulation.
In the case of amendment to a contract which, in the opinion of a State agency,

may cause problems involving prejudicial effects or imprecision, such draft amendment shall be
referred to the Office of the Attorney-General for prior consideration and approval.

Amendment to a contract or an agreement under paragraph one or paragraph two
shall comply with the law on budgetary procedures or other relevant laws. If it is necessary to
increase or reduce the cost estimate therefor or increase or reduce a period of time for delivery
or a period of time for performance, the same shall be agreed upon concurrently.

In the case where amendment to a contract or an agreement is made for increasing
the cost estimate, when its original cost estimate and the newly increased cost estimate have

been united, if such total cost estimate results in a change in the person competent to approve
the procurement, action shall also be taken for the person competent to approve the
procurement in accordance with such total cost estimate to grant approval to the amendment

to the contract or the agreement.
In the case where amendment to a contract or an agreement is made for reducing
the cost estimate, the person competent to approve the procurement in accordance with the

original cost estimate shall be the person granting approval to the amendment to the contract
or the agreement.

Section 98. A State agency shall publish, for the dissemination purpose, key
substances of signed contracts or agreements as well as amendment thereto on information
network systems of the Comptroller-General’s Department and of the State agency in accordance

with the rules and procedures prescribed by the Comptroller-General’s Department.

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND

CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE

ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE
AUTHORITY HAVING LEGAL FORCE.

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